Jump to content


  • Tweets

  • Posts

  • Recommended Topics

  • Our picks

    • If you are buying a used car – you need to read this survival guide.
      • 1 reply
    • Hello,

      On 15/1/24 booked appointment with Big Motoring World (BMW) to view a mini on 17/1/24 at 8pm at their Enfield dealership.  

      Car was dirty and test drive was two circuits of roundabout on entry to the showroom.  Was p/x my car and rushed by sales exec and a manager into buying the mini and a 3yr warranty that night, sale all wrapped up by 10pm.  They strongly advised me taking warranty out on car that age (2017) and confirmed it was honoured at over 500 UK registered garages.

      The next day, 18/1/24 noticed amber engine warning light on dashboard , immediately phoned BMW aftercare team to ask for it to be investigated asap at nearest garage to me. After 15 mins on hold was told only their 5 service centres across the UK can deal with car issues with earliest date for inspection in March ! Said I’m not happy with that given what sales team advised or driving car. Told an amber warning light only advisory so to drive with caution and call back when light goes red.

      I’m not happy to do this, drive the car or with the after care experience (a sign of further stresses to come) so want a refund and to return the car asap.

      Please can you advise what I need to do today to get this done. 
       

      Many thanks 
      • 81 replies
    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
      • 161 replies
    • We have finally managed to obtain the transcript of this case.

      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

      Frankly I don't think that is any accident.

      One of the points that the judge made was that the customers contract with the broker specifically refers to the courier – and it is clear that the courier knows that they are acting for a third party. There is no need to name the third party. They just have to be recognisably part of a class of person – such as a sender or a recipient of the parcel.

      Please note that a recent case against UPS failed on exactly the same issue with the judge held that the Contracts (Rights of Third Parties) Act 1999 did not apply.

      We will be getting that transcript very soon. We will look at it and we will understand how the judge made such catastrophic mistakes. It was a very poor judgement.
      We will be recommending that people do include this adverse judgement in their bundle so that when they go to county court the judge will see both sides and see the arguments against this adverse judgement.
      Also, we will be to demonstrate to the judge that we are fair-minded and that we don't mind bringing everything to the attention of the judge even if it is against our own interests.
      This is good ethical practice.

      It would be very nice if the parcel delivery companies – including EVRi – practised this kind of thing as well.

       

      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
        • Like

Success against RBS


buzz
style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 1871 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

This week received nearly £800 from RBS for returned Direct Debits.

At first they only offered to repay the most recent charge of £38, but I threatened legal action.

They said in the letter that the refund was as a gesture of goodwill and that they no way accepted that the charges were illegal(!)

Also, they said the refund was only if I did not make it public!!!

 

Buzz

Link to post
Share on other sites

Well done.

Of course they don't want any puclicity.

However, I have in mind that in order for a duty of confidentiliaty to be established there must be a pre-existing relationship of confidentiality. This means that you must obtain someone's prior agreement to keep the secret.

I think that merely sending a letter marked "confidential" which itself contains the confidential information, is not binding.

You would have to write first and say "in my next letter I am going to tell you a secret. Do you agree?"

 

The exception to this is when you make yourself privy to someone else's secret business - eavesdropping. Then there is an equitable duty of confidence.

 

Can I say that the issue of confidentiality has come up twice with other users and will become more common as this forum develops and the settlements flood in.

 

If you feel that you want to agree to confidentiality, don't give it away. Confidentiality is valuable to the bank. Charge them extra for it. A lot extra.

 

***************************************************************

 

This is why the next law book on our list is a book on Confidentiality. It is £135. We only have £20 in gift certs at the moment. Anyone else want to help us get this book??

Link to post
Share on other sites

Would like to pay a donation to the site for the help given to recover the money.

Not sure how to do it.

Dont have debit or credit card, but do use online banking if it can be done this way.

 

Please could you let me know.

 

Cheers,

Buzz.

Link to post
Share on other sites

There's a sticky in the General forum showing how to send Amazon gift certificates to help buy books for the BAG. I've just had a look on Amazon but couldn't find whether there's a way of paying by online bank transfer, rather than debit or credit card, but it may be worth asking them.

 

Congratulations on your success!!

Link to post
Share on other sites

I have in mind that in order for a duty of confidentiliaty to be established there must be a pre-existing relationship of confidentiality.
I've just read somewhere that the courts have held that there is no confidence in iniquity (& what are these charges if not iniquitious?). Also, disclosure of otherwise confidential information may be protected if that disclosure is shown to be in the public interest.

 

(Now for the small print: I'm sure you'll appreciate these comments are expressions of my own opinion & are not to be taken as legal advice.)

Link to post
Share on other sites

I have in mind that in order for a duty of confidentiliaty to be established there must be a pre-existing relationship of confidentiality.
I've just read somewhere that the courts have held that there is no confidence in iniquity (& what are these charges if not iniquitious?). Also, disclosure of otherwise confidential information may be protected if that disclosure is shown to be in the public interest.

 

(Now for the small print: I'm sure you'll appreciate these comments are expressions of my own opinion & are not to be taken as legal advice.)

 

See my post on exactly this point and Margaret Duchess of Argyle in Legalities section.

 

However, iniquity would have to be proven - so it doesn't apply yet.

Link to post
Share on other sites

Can I ask you who you addressed your correspondence to? Was it your local branch or a head office, please?

If you found this post helpful please click on the scales, top right. Thank you.

 

If you find this site helpful and if you reclaim your charges please donate by clicking the button at the top of the page

 

First Direct 1 - settled

First Direct 2 - settled

RBS 1 - claim made 8/5/6

RBS 2 - claim made 8/5/6

GE Capital - counter claim 6/5/6

Halifax - settled 31/5/6

Link to post
Share on other sites

Can I ask you who you addressed your correspondence to? Was it your local branch or a head office, please?

 

I first telephoned local branch and asked for managers name. Then I addressed all correspondence to her (registered post). She then replied to my first two letters.

However, the offer of repayment came from the company's solicitor at head office.

 

Hope this helps.

 

Buzz.

Link to post
Share on other sites

  • 13 years later...

This topic was closed on 03/05/19.

If you have a problem which is similar to the issues raised in this topic, then please start a new thread and you will get help and support their.

If you would like to post up some information which is relevant to this particular topic then please flag the issue up to the site team and the thread will be reopened.

- Consumer Action Group

Link to post
Share on other sites

style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 1871 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Guest
This topic is now closed to further replies.
  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...